| LOCATION | Edinburgh, UL |
| MANUSCRIPT | Edinburgh, UL, Laing III.408 |
| ITEM No. 3 | Ius proprium Scotiae - Practicks (general digest of law, systematic) |
Ius proprium Scotiae - Practicks (general digest of law, systematic)
Author(s):
Explicit:
Ius proprium Scotiae - Practicks (general digest of law, systematic) (re-worked).
Hasty handwriting, badly faded ink, difficult to read. Old foliation in ink, hardly legible. In the margins many notes, quoting rules of Jus Commune. This shows that users of the MS were well-versed in the learned laws. The contents largely correspond to the text of other MSS and of the printed edition, yet in part re-arranged and divided into six books. The arrangement also shows some parallels to MSS Edinburgh, NR Scotland, GD112/71/5 and Edinburgh, UL, Laing III.381a - namely the division in books and the transposal of the section on tutors.
Many chapters and even entire titles of the printed edition of Balfour's Practicks are missing (see the Letter to the Readers on fol. 0v-2r, quoted above). Furthermore, the scrivener often presents mere summaries of the chapters instead of presenting their full text.
Each of the six books is preceded by a table of its titles (as it had been customary in MSS of {i}Regiam maiestatem{/i}). The tables have their own separate numbering of titles. The order of the titles differs to some extent from the printed edition. Even where titles correspond to the printed edition, the numbering of chapters within them often lags behind after the numbering in the printed edition.
Book 1, fol. 1r-49r, begins with texts which correspond to pag. 1-113 of the printed edition of Balfour. The start of the text is numbered as title 1, chapter 3, with a preceding note that the first two chapters (the note says: 'titles') were purposefully omitted. Thereafter follow texts corresponding to pag. 216-219 (Of testamentis ... ), 287-289 (Of assyss ... ), 331 (Of sustentatioune of minouris), 537-539 (Of arreistments ... ), 557 (Of horning), 553 (Of eschetis), 454 (Off reversiounis). The text of Balfour's edition pag. 114-125 is displaced to fol. 238v-243r (Of tutouris ... ). The text of fol. 42v is continued on fol. 243r-v (Of the sustentatioun of minors). [{i}Explicit of book 1:{/i}] Cap. 14 conteinis that reversionis ar compted among immovable guds. Ult. Feb. 1555, the Priour of Sanct Androis contra the Laird of Kinneir, 2 tom. c. 258. [{i}Now large letters:{/i}] Tomus 2 [{i}Thereafter a list of titles of book 2{/i}].
Book 2, fol. 49r-92r, contains texts corresponding to the edition's pag. 133-146 (Of the kings patrimonie ...), 156-168 (Alienatioun and infeftments ... ), 173-240 (Of tailzie ... ), leaving out the topics of Testaments and Executors, because they were already copied as part of book one.
[{i}Thereafter, fol. 78v:{/i}] 'Heir suld follow the 30 titil ... bot becaus I have them wrettin in ane other volume a pairt, thairfoir I have purpoislie omitted them in this place.' [{i}These titles, formerly kept 'in ane other volume', are now bound as fol. 227v-238v. Thereafter follow texts corresponding to pag. 445-493 of the printed edition of Balfour. End:{/i}] 'Finis huius libri.'.
Book 3, fol. 92v-125r, contains at first texts corresponding to pag. 590-613 of the printed edition (Border laws), then pag. 614 ss. (Ship laws), pag. 655 ss. (Instructions to the Commissaries), pag. 677-683 (Old laws from Chronicles). The parallels to the printed edition end at the bottom of fol. 115r.
There follow other texts. I transcribe one sample, obviously taken from Hector Boetius, Chronicles.
(Fol. 115v) The tenour of ane auld chartour fund be Robert Erle of Fyff, James Erle of Douglas and Archibald Lord of Galloway at the depredatioun of Cokyrmoth in Robert the secondis tyme. 'I, king Athelstane, gevis to The, Paulaine Oddam Roddam, als guid and als faire as evir they myne wer, and thairto witness Mauld, my wyff.' Quhilk chartour is not onlyk to ane chartour gevin be king William: 'Heir I, William king, the thrid zeir of my rigne, gevis to The, Normond Hunter, to me Thow art bayth leive and deir, the hoip and the hopetounne and al the boundis wp and downe under the erth, to hell and above ther erth to heavin, fra me and fra myne to The and to Thyne, als fre as the kinrik is myne. Do verifie that this is such, I byt The, quhyt wax with my tuith befor Meg Mald, Mariorie and my eldest sone, for ane bow and ane breid arrow quhen I cum to hunt upon zarrow'. Lib. 16, c. 5.
(Fol. 116r, above) The coniunctionis of the titils of this volume, as they ar divydit in buikis, with the titils of the civil and canon law.
The first buik. De legibus or Of the law = De iustitia et iure [Instit. 1.1].
[{i}Breaks off after five lines. Draws parallels to emperor Justinian's Institutiones, to his Digesta, and to canon law's Decretum Gratiani.{/i}].
From fol. 116r onward, the text of book 3 corresponds again to the printed edition of Balfour, pag. 565-576 (Off justice air ... ), pag. 553-565 (Anent remissiounis ... ).
Book 4, fol. 125v-179v, contains texts corresponding to the printed edition of Balfour, pag. 264-417 (Off Parlement ... ... Off revocatioun of arbitrie).
(Fol. 180r-181r) The style of comprysing of ane tennent of land within burcht for nocht payment of the ground annuel. Universis et singulis ad quorum notitias praesentes litterae pervenerint, David Mel(mw?), prepositus burgi de Edinburgh ... salutem ... Apud Edinburgh.
(Fol. 181r-182v) Again texts corresponding to the printed edition, pag. 542-545 (Of hunting and halking and fisching), pag. 13-15 (Of the kingis Secret Counsall ... ).
(Fol. 183r-184r) The liberties grauntet to the toune of Edinburgh.
Book 5, fol. 184v-192v, was meant to contain texts corresponding to the printed edition of Balfour, pag. 417-503 (De actionibus civilibus ... ). The first three titles, however, are only transcribed further on (fol. 215r-227r), so that the book actually starts with title 4 (Off purpresture). Thereafter the text leaps to title 10 (Of schawing off halding), because the texts in between are again transcribed further on (fol. 222v-223v). Some of the titles which should be contained here are left out because they had been copied as part of book 1, see above. They are nevertheless contained in the table of titles which precedes this book 5.
Book 6, fol. 193r-215r, 227r-238v, was meant to contain texts corresponding to the printed edition of Balfour, pag. 503 ss. (De causis criminalibus).
(Fol. 225r) Note in Hebrew script.
(Fol. 238v-243r) Texts which belong to book 1, see above (Of tutouris ... ).
(Fol. 243r-v) Continuation of the text of fol. 42v in book 1, see above (Of the sustentatioun of minors)
Author(s):
No. of pages: Fol. 2r-243v
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